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Cancellation, Deposit & Booking Policies
Attention: Prior to placing an online reservation, please request confirmation of availability as well as pricing for your potential stay.
Accommodation means the apartment, guest room and or suite described via the Provider/Host's website. Guest/Prospective Guest means the person or persons who will be occupying the Provider/Host’s apartment/suite/guest room. Host/Provider/Supplier, is the registered legal Owner of the building located at 130 East 62nd Street, NY, NY 10065.
Accommodation Charge(s) means the charges, fees and taxes to be paid by a Guest in relation to the accommodations, cleaning, internet, utilities, and local taxes. Prior to making a reservation, prospective Guests should confirm availability and request a full cost estimate for the booking dates desired from the Host.
BOOKING A STAY: Guest is responsible for reading the complete listing & policies detailed herein before submitting a reservation because once booked, it is final.
Subject to the terms of this Agreement, the Host permits the Guest to occupy the Accommodation for the period stated in the Booking Agreement for the purpose of holiday or short-term occupation.
The Host and the Guest agree that the Guest occupies the Accommodation as a licensee and that no relationship of landlord and tenant is created by this Agreement or otherwise.
The Guest and the Host agree that a legally binding contract between the Guest and the Host is formed and entered into when the Booking Agreement is dispatched via this booking portal.
Upon placing a reservation, Guests need to submit a copy of their government-issued ID and fill out an informational application (Host will email the informational application once the reservation has been received). Guests may request a copy of the application prior to booking.
Third party bookings are not permitted.
CANCELLATIONS: Host adheres to a strict cancellation policy. Once a Guest has submitted a reservation request, Guest has entered into a binding agreement to book the specified accommodation. Accommodation charges + fees + taxes are non-refundable. Guests will not receive a refund if they cancel the booking at any time after it is accepted. Cancellations are charged 100% of the booking arrangement. The same cancellation will also apply in the case of the booking arrangement being shortened or deferred. We recommend the purchase of travel insurance in the event unforeseen events beyond Guest's control arise after booking; however insurance does not cover all circumstances. Unforeseen events include changes to government travel requirements (unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination); Declared emergencies and epidemics (government declared local or national emergencies, epidemics, pandemics, and public health emergencies); Government travel restrictions (Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the booked location); Military actions and other hostilities (acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest); Natural disasters (acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events.
MINIMUM NIGHT STAY REQUIREMENT: We have a 30-90 night minimum stay requirement. We generally do not accept single month stays out in advance unless the dates fall back to back with another booking. The 30-night minimum is governed by NYC regulations applicable to residential properties so we are sorry but there are no exceptions.
SECURING BOOKING: Guests are advised against submitting a reservation request unless they are able to make arrangements for immediate payment as discussed with the Host. To secure a reservation, prospective guests should initially submit an online reservation via the Provider/Host’s booking portal. The Host must receive payment within the same day or the next business day. Payment should be in full including the security or damage deposit if requested. If payment is not immediately received, the guest is in breach of the contract and the reservation will be voided. Unfortunately the Host cannot accommodate requests for courtesy holds.
If paying by wire or ACH, it is requested that the Guest send proof of payment or a copy of the receipt provided by the bank. The receipt should show the sum of money wired and the bank account information.
If the reservation is placed over a weekend or bank holiday, it is requested that the Guest initiate an online payment by wire transfer or ACH with their bank and arrange to send a copy of the payment confirmation from the bank to the Host.
Damage/security deposits are equal to one month of the accommodation charge (including supplemental fees & tax) unless advised otherwise.
The Guest needs to notify the Host about what type of payment arrangements will be made and the timing for when the Host can expect to receive payment.
Damage and or security deposits are refunded less any subtractions for damages or monies owed within 14 days of departure and once the premises has been fully cleaned. Any subtractions will be documented. Additionally, a check will be issued for the return of the deposits regardless of how the payment was initially made. Typical deductions to the deposit include stains on bedding, upholstery and rugs and the charge to make restoration or the replacement cost.
ACCEPTABLE FORMS OF PAYMENT:
*WIRE TRANSFERS (preferred) (separate instructions will be provided). If wiring, we ask that guests pay their bank’s wiring fees directly to the bank so that the Host receives payment in full. Wires should be received the same day or next day if it is a bank holiday. Once Guest has arranged for a wire transfer with their bank, we ask that a copy of the confirmation be emailed to the Host.
*ACH Electronic Credit
*ZELLE (subject to daily maximum). Guests may make multiple Zelle payments if approved by the Host.
*We do not generally accept credit card payments. If you would like to pay with a credit card, you must be pre-approved by Host in advance.
*A 4% convenience fee is automatically applied to credit card purchases.
*If it is a bank holiday or weekend, the Host may place a credit card pre-authorization (“hold”) on the Guest’s credit card. Holds are good for a period of 7 days and then drop off if not processed. This allows the Guest a couple of days to get the payment to the Host. Guest should discuss payment with the Host prior to placing a reservation.
*Guest must provide the physical card upon checking in.
*The Host will confirm the reservation by email.
BEDDING/LINENS: Bedding/Linens are provided with the premises including a mattress pad, sheet sets, cotton blanket, down blanket with duvet cover (cold weather), down pillows and towels. There is a one time charge for the bedding which includes linen service. Guests shall use the Provider/Host's supplied bedding for the duration of the stay.
BEDDING: The charge for linens includes not just sheets but pillows, blankets, a bedskirt (if included), a mattress pad, pillow protectors and towels. If the Guest is allergic to down, Guests may provide alternate bedding at Guest's expense however Provider/Host’s bedding must remain in the rental suite. Guests may prefer to use their own bedding however in that case, the Provider/Host cannot be responsible for damage to Guest’s personal property and therefore cannot provide linen service. Also, guests need to provide the full supply of bedding including mattress pad, pillows, blankets, pillows, towels, etc (not just sheets).
DAMAGES: Guests are requested to use the utmost care with regard to the bedding provided and it is requested that guests take great care to not take food onto the beds or use pens or markers on the bed which may damage the bedding. Guests agree to be responsible for any damages, stains and soiling to bedding. Additionally, Guests agree to be responsible for any damages, stains/soiling to rugs/upholstery and other furniture. Bedding and rugs should be returned in the original condition with no stains or rips.
HOST PROVIDED CLEANING:
Frequency of Cleaning must be agreed upon prior to booking (please request this information prior to booking). Guest is responsible for coordinating cleanings with the housekeeping staff or Provider/Host's designated representative or surrogate.
If a Guest leaves the premises excessively dirty or leaves an excessive amount of trash and recycling in the apartment, Host reserves the right to charge a supplemental fee for additional housekeeping. Additionally, if there is staining on the bedding, upholstery or rugs the Host may deduct cleaning fees from the damage deposit or for the value of the item damaged if removal of stains is not possible.
Guest shall permit Provider/Host's designated housekeeper to enter the premises to maintain and clean the apartment/suite and for the collection of trash at reasonable daytime hours, including weekends, by prior appointment with a minimum of 24-hour notice to Guest or fewer hours if Guest agrees. If for whatever reason Guest cannot accommodate the proposed housekeeping schedule, Host will attempt to reschedule as soon as possible. An alternate date may not be immediately available. Guest agrees to waive the housekeeping service if an alternate date is not available.
We strive to keep the housekeeping fee as low as possible and can only do this with the help of Guest’s cooperation. The housekeeping fee shall cover only reasonable cleaning of the apartment/suite that has been regularly maintained throughout the term of the occupancy agreement and will not apply to extraordinary cleaning such as caked on stove and oven stains/grease (if applicable) or rug/upholstery cleaning.
LINEN SERVICE: Provided with cleaning service. Linen service is limited to bed sheets + 2 pillowcases per person + 2 towels per person. Quilts, coverlets, bedspreads duvet covers/pillow inserts & down duvets/decorative pillows, mattress pads, cotton blankets are laundered seasonally or upon occupancy turn over at the discretion of the Host. Curtains & rugs may be cleaned periodically or upon occupancy turnover as determined by Provider/Host.
DISHES: Guests are responsible for washing their dishes or to load their dishwasher if one is provided and run the dishwasher through a wash cycle when the dishwasher is full. Dishwashing is not included with weekly cleaning service.
TRASH & RECYCLING: Guest agrees to comply with all governmental refuse recycling laws applicable to the premises as instructed and as required by NYC. Guests must remove trash and recycling material from the premises on an ongoing basis. Garbage removal from the apartment is part of ongoing maintenance guests are responsible for.
GUEST CLEANING. Guests are responsible for regular ongoing maintenance of the apartment. Guest(s) shall keep the area in and around the Premises in clean, habitable condition, and in good repair, normal wear and tear excepted.
Guest(s) is responsible for cleaning all areas of the Premises including kitchen, bedrooms and bathrooms. To prevent the infestation of rodents and/or insects, Guest(s) must remove any collected trash and food waste from the Premise at least once a week. Bathrooms must be cleaned regularly, and as frequently as needed, to prevent the formation of mold and mildew. If Guest(s) does not clean adequately and regularly, Guest(s) will be liable for reasonable supplemental cleaning charges – including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). Host reserves the right to require supplemental cleaning service if Guest(s) are not keeping the Premises in clean/sanitary order at Hosts own judgment. This expense will be the responsibility of the Guest(s).
Below is a list of supplemental fees separate from the monthly accommodation charge. Prospective Guests should confirm the applicable charges and level of service by asking the Host to provide a detailed breakdown of charges before booking.
SUMMARY SUPPLEMENTAL MONTHLY FEES (please request specific fee information prior to booking):
Interim cleaning (weekly, every two-weeks or monthly) & linen service Please confirm frequency of service included with your reservation prior to booking.
1x bedding fee
Cleaning: $95/week (when available) or $150 (studio) or $250/monthly (full-floor suite) (we are currently only offering monthly cleaning or an exit cleaning).
Exit-Cleaning: $150 (studio) or $250 (full floor). This charge assumes that guests have maintained the apartment in good condition throughout the stay.
Utilities (wifi, gas, electric, heat, water (hot/cold). Cable is not provided. We include a ROKU device on all TVs for streaming Guest's favorite channels or programming. Cable is not provided: $185/$285 per month.
Air Conditioning: $145-$245: a/cs are installed in the beginning of June and put away by the end of September. a/c is optional in the month of June. A/C in the Garden Room and Knickerbocker Suite is installed June-September.
Bedding/Linen Fee. $100. This is a 1x fee. We provide down pillows, sheet sets, a mattress pad, down duvets (in cold season) and duvet covers and cotton blankets
Much like hotel, motel, and B&B stays, short-term rentals (less than 180 days) in New York State are subject to tax. Tax authorities expect short-term vacation rental hosts to collect short-term rental taxes from their guests and remit them to the proper authorities. We collect NYS Tax for all stays.
• NY city hotel occupancy tax 5.875%
• NY city hotel tax $2.00 / room / night
• A rental home may have more than one room. The tax will be $2.00 per room per day on each of the rooms that make up the home plus the hotel room occupancy tax for the entire home rental. (For example: The tax on a home with 4 rooms is $8.00 per day plus the hotel room occupancy tax for the entire suite rental). New York City defines a room as “Any room of any kind, other than a bathroom or lavatory, in any part or portion of a hotel/home which is available for, or let out for, use or possession for any purpose other than a place of assembly.” A kitchen or kitchenette is considered to be 1 room. Thus a studio with a kitchen or kitchenette is considered to be 2 rooms for tax calculation purposes.
PERMANENT RESIDENTS:No tax is due from guests who are considered to be permanent residents. To be considered a permanent resident of New York State, a guest must stay for at least 180 consecutive days without interruption (see also below information).To be exempt from all taxes, the occupant must have a signed agreement with the term exceeding 179 consecutive days. If the occupant does not complete 180 days of continuous occupancy, any taxes not previously collected become immediately due and payable (see below).Technically, a person who enters into an agreement for occupancy for 180 consecutive days or more does not become a “permanent resident” under the law until he/she has been an occupant for 180 consecutive days, and the operator is liable for the collection of the tax until that occupancy for 180 consecutive days has been completed. However, an occupant can obtain permanent resident status prior to completing 180 days of consecutive occupancy by requesting a lease from the hotel operator. Where the occupant has requested such a lease, the hotel operator should not collect the tax for any day, starting on the date the lease was requested, that falls within a period of continuous occupancy by the occupant. However, if the occupant does not complete 180 days of continuous occupancy, any taxes not previously collected become immediately due and payable and are to be collected by the hotel operator.
BED USAGE: Guests are asked to keep in mind that the making of the beds is one of the housekeeper’s most time consuming tasks. If the apartment has been booked for single occupancy and the suite is furnished with multiple beds, regular housekeeping shall be limited to use of one bed. Beds not in use will not be made with sheets. Guests need to coordinate which beds will be utilized during their stay with the Provider/Host's housekeeping staff.
Pets of any variety are not permitted on premises.
SMOKING is not permitted anywhere in the house, terrace or in any of the public areas including 25 feet from the building. This includes e-cigarettes.
MINIMUM AGE: Primary Renter must be a minimum age of 25. Exceptions can be made on a case by case basis.
STAIRCASE: All suites accessed via our central staircase. We do not have an elevator. Guests are responsible for transporting their luggage to their room/suite
SELF-CATERING: 1871 House operates under a self-catering model. Provider/Host provides initial starter supply of shampoo, soap, toilet paper, garbage can liners and dishwashing/dishwasher soap. Guest’s are responsible for replenishing supplies.
RESIDENTIAL USE: The premises is hereby restricted to residential use only. Guests shall not engage in any commercial, hotel, business, illegal, nuisance, dangerous or other activity. Should the premises be used for other purposes, the Guest agrees to vacate the premises immediately upon first request and will not be refunded any monies.
CHECKING-IN: Check in time is 4 pm. Guest’s are welcome to arrive from 12 noon onwards to pick up keys. Guest’s may also drop their luggage off and place them in our common entry foyer. A locked storage area is not provided.
DEPARTURE TIME: On the vacate date, Guest’s must vacate their suite no later than 11 a.m. Luggage may temporarily be stored in the building's common entry foyer should the Guest wish to depart at a later time. Guests may not store luggage overnight or for dates beyond the departure date.
EARLY CHECK-IN OR LATE CHECK-OUT: Early check-in or late check out extension at a discounted rate (50% on the nightly fee, assuming there is not already an adjacent booking) may be available. Please reserve in advance whenever possible.
KEY SETS: A $50 fee will be applied to the damage deposit or credit card number on file for each set of keys not returned upon check-out.
DAMAGE TO THE ACCOMMODATION AND DAMAGE DEPOSIT - the Guest shall pay a damage deposit. The amount of the deposit is to be determined at time of booking and shall be paid at the time of booking. The damage deposit may not be used by the Guest toward payment of charges for the room or fees/taxes. If the Accommodation (or any part of it) or any of the Host’s personal property is damaged during the stay, beyond reasonable wear and tear, the Guest must 1. immediately notify the Host; and 2. will be liable in full for the costs of that damage. The Guest confirms that if there is damage to the Accommodation or any of the Host’s personal property over and above fair wear and tear and/or if the Accommodation is heavily soiled so as to require in the Host’s reasonable opinion an industrial clean then the Host may make appropriate deductions from the damage deposit. Within 30 days following termination of the occupancy term, Provider/Host agrees to return the damage deposit to Guest, adjusted for any damages and outstanding bills. The damage deposit shall be returned only after inspection by Provider/Host and Provider/Host determines that no damages, loss or injury (other than from reasonable wear and tear) has been done to the premises or property therein and that all charges and fees have been paid. Any deductions from the damage deposit shall be documented.
EXTENSIONS: All extensions are subject availability. Guests do not have a right to extend a booking. Extensions must be approved and are at the discretion of the Provider/Host. All Extension requests must be made in writing in advance of the expiration date of the contract. The accommodation charge for an extension must be negotiated at the time. Apartments cannot be held for future dates without payment in full. The cost for an extension or for any future stay is payable in advance in full. Guest who wish to extend and who have been approved for an extension must submit an online reservation.
STATEMENT OF OCCUPANCY: Any change in occupancy (changes in persons or additional persons) without permission from Provider/Host will be considered a default of the Contract. This action may result in immediate contract termination and loss of the damage deposit. There is a monthly charge for additional occupants (2 person
ASSIGNMENT/SUBLETTING: Guest shall not attempt to assign license to others unless otherwise agreed by Provider/Host. The premises shall not be occupied or left in the care of anyone not listed herein, including overnight Guest’s.
CONFIRMED GUEST’S & ADDITIONAL OVERNIGHT GUEST POLICY
• We operate under an extended stay hotel model in that our rates are based on occupancy. We technically are an extended stay residential hotel facility and this format is part of our business model, which helps keep regular rates as low as possible. Monthly seasonal rates are discounted for single occupancy.
• The occupancy agreement for the Guest’s stay is based on a specific number of occupants. If after taking occupancy Guest expects a regular overnight visitor, please speak to Provider/Host about making an adjustment to agreement. Guests should keep in mind that the Provider/Host utilizes a hybrid version of the hotel model as far as Guest’s and charges based on occupancy. This as opposed to an open-ended apartment model, although even conventional rental apartment pricing is somewhat based on occupancy where maintenance and utility charges can get adjusted. As one might already be aware, it is more costly to us when additional persons stay at the house in terms of additional housekeeping, laundry service, utilities and further wear and tear. Additionally, we endeavor to keep the occupancy for the house at a manageable level that will not put a strain on our plumbing infrastructure. We hope Guest understands this and this is pointed out in our literature, website and rental contract.
• The number of occupants as specified in the occupancy agreement must be adhered to. Only Guest’s in the original reservation who’s IDs have been verified in advance may stay in the apartment. Unauthorized overnight visitors, any sublet, sublease or substitution of guest’s is strictly forbidden. Additional occupants are subject to a supplemental fee.
• Additional Occupant Fee: Subject to designated occupancy limits for each suite (see below), we charge a monthly management, additional wear & tear and combined supplemental utilities & housekeeping charge of $650-$850 per month + tax or $65/night plus tax for occasional overnight guests.
• The Guest of the premises may have overnight visitors provided the maximum occupancy limit is not violated.
• The Guest of the suite MUST be physically present when hosting an overnight visitor.
• The Guest/Main occupant of the suite must provide advance notice to the Host of any overnight Visitors.
• There are occupancy maximums in place for suites/guest rooms/apartments as listed below. Children and babies count toward the occupancy maximums.
• Beds/air beds may not be added to any of the suites. Sofas may not be used as beds.
• Maximum Occupancies:
Half-Floor Suites: 1-2
Full-Floor Suites: 2
• Since the building has an unenclosed staircase, it is recommended that children be older than 10 years of age to reside in the apartment. Any apartment with children 10 years old or young and residing must have window guards installed. If a guest will have a child 10 years old or younger, it is a requirement that window guards be installed. Guests are responsible for the full cost of the equipment and installation. The estimated cost for window guards is approx. $50 per guard for the hardware and $100 per window for installation. Guests with children 10 years old or younger cannot check in until window guards have been installed. There is a minimum 1-week lead time to arrange window guards to be installed.
CONDITION OF THE PREMISES: The Premises shall be delivered in clean condition, furnished as shown to Guest. Guests shall keep the Premises and all appliances, equipment and furniture clean and in good repair. Guests shall return the Premises at the end of the Occupancy agreement Term in the same condition as received, subject only to reasonable wear and tear. Guest agrees to make no alterations to the Premises, including but not limited to the moving or removal to storage any of Provider/Host’s furnishings, without Provider/Host’s express written consent. Guest covenants that he/she has examined the demised Premises, knows the condition thereof and has accepted the same in good order and repair. If Guest is unable to examine the Premises prior to the commencement date or prior to booking the Premises, Guest accepts the premises as is.
Furniture: The Premises shall be delivered fully furnished. Guests are not permitted to remove, move or add furniture to the Premises. Host cannot/will not remove any decorative accessories (e.g. paintings, prints, mirrors), supplies or furniture that is included in the apartment (for example TV, hangers, etc.). Only Guest’s small personal belongings (e.g. clothing/computer/books) may be moved into the rented Premises.
Cooking Appliances: Guests may not add kitchen or cooking appliances to the premises (e.g. microwave, table top cook stove, coffee maker, toaster or toaster oven, etc.) Cooking is not permitted in suites without a kitchen.
REPAIRS: Provider/Host shall be responsible for necessary repairs, except when a repair is required as a result of fault or abuse by Guest. In such a case of Guest’s fault or abuse requiring repair to the Premises, such repair shall be paid for by Guest. Guest shall immediately notify Provider/Host or Provider/Host’s agent of any condition requiring repair. No repair or alteration shall be made without the express authorization of the Provider/Host. If, through no fault or negligence of the Guest, the Premises are damaged by fire or any other unavoidable casualty, repairs shall be made by the Provider/Host as quickly as reasonably possible. In the event that damage shall be so extensive as to render the Premises uninhabitable, the Charges shall be apportioned and paid up to date of such destruction and any overpayments shall be refunded to the Guest and at such time this Occupancy agreements shall terminate.
GUEST LIABILITY/CONTENTS: Provider/Host shall not be responsible for (a) any injury, loss or damage to Guest contents or (b) any injury, loss or damage for which Guest is liable or (c) any injury loss or damage which is suffered by Guest, Guest’s, employees, invitees, etc., unless caused by Provider/Host's gross negligence. Provider/Host shall not be liable for injury or damage to Guest or any person who uses or is in the Premises, nor shall Provider/Host be liable for damage to any such person’s property unless the same results from Provider/Host's gross negligence. Guest is responsible for all acts of Guest's family, employees and persons Guest invites onto the Premises. Guest hereby indemnifies and holds Provider/Host harmless, to the extent permissible by law, including reasonable attorney’s fees, from and against any liability, damage, expense, judgment, claim or other loss arising from Guest’s use and occupancy of the Premises, unless caused by Provider/Host's gross negligence. The Guest must immediately notify the Provider/Host of any damages.
INSURANCE: Guest agrees to be responsible for insuring his/her personal property, and the Provider/Host shall not be responsible for the Guest's personal property.
A. Provider/Host may give forty-eight (48) hours written notice to Guest to correct any of the following defaults:
• 1. Failure to pay charges or fees or damage deposit on time.
• 2. Improper assignment of the Occupancy, subletting all or part of the Premises, or any violation of Paragraph 1 hereof.
• 3. Improper conduct by Guest or Guest’s invitees of the Premises.
• 4. Failure to fully perform any term in the Occupancy Agreement.
• 5. Occupancy change (change of individuals or additional individuals).
B. If Guest fails to correct the defaults as outlined above within forty-eight (48) hours of the notice stated above, Host may cancel the Occupancy agreement by giving Guest a written three (3) day notice stating the date this Occupancy Agreement will end. On that date this Occupancy Agreement and Guest’s rights in this Occupancy Agreement shall automatically end and Guest must vacate the Premises and return the keys to Provider/Host. Thereafter Guest shall be responsible for any charges, expenses, damages and losses due as of date of termination, together with the reasonable attorneys’ fees incurred by Provider/Host arising out of or in connection with Guest’s breach or default under this Occupancy agreement. If Provider/Host is required to bring any action or proceeding to enforce the terms of this occupancy agreement and/or to recover for any of Guest’s defaults, Provider/Host shall be entitled to reasonable attorney’s fees from Guest.
NOTICE OF DEFECTS: Within 24 hours after taking possession of the Premises, the Guest shall notify the Provider/Host of any malfunction in equipment, breakage, or damage that existed at the commencement of the term of the occupancy agreement.
PREMISES FURNISHED: The premises are fully furnished. The Provider/Host shall provide an inventory of the property therein. Any complaint or issue regarding the inventory (sheets, pots, pans etc.) must be raised within 24 hours of taking occupancy. No furniture or appliances are permitted to be moved in. Only personal articles such as clothing may be moved into the house.
ACCESS TO PREMISES: During reasonable hours, and within 24-hour notice to the Guest or fewer hours if Guest agrees, the Provider/Host or his agent shall have the right to enter the premises for the purpose of inspection or repair.
INSPECTIONS/SHOWINGS: The Provider/Host or his agent shall have the right to enter the premises to personally manage inspections or showings of the Premises for rent or sale at reasonable daytime hours, including weekends, by prior appointment with twenty four (24) hours advance notice to Guest or fewer hours if Guest agrees.
MODIFICATION: This Agreement may not be modified except by a writing duly executed by all parties herein.
SEVERABILITY: A determination that any provision or provisions of this Agreement is unenforceable or invalid shall not affect the enforceability or validity of any remaining provisions of this Agreement.
The Guest Agrees
1. to pay the Host in accordance with the provisions of the Accommodation Charges together with any other fees, taxes and charges specified in the Booking Agreement or which are otherwise notified to the Guest by the Host;
2. not to occupy the Accommodation other than as personal accommodation for holiday or short-term occupation;
3. that the maximum number of people occupying the Accommodation will be the number of guests stated in the Booking Agreement and that the Host has the right to refuse entry on check-in if there are more than the specified number of guests and that in this situation it will be a deemed cancellation by the Guest and the Host’s Applicable Cancellation Policy shall apply;
4. not to do or permit anything to be done which may be a nuisance, annoyance or disturbance to, or be abusive or discriminatory to the Host or any owner or occupier of neighboring property;
5. not to cause or permit any damage to the Accommodation (other than reasonable wear and tear);
6. that they will observe any House Rules specified in the Accommodation Listing and/or notified to the Guest before or on arrival at the Accommodation;
7. that they will read and follow any instructions provided by the Host;
8. not to conduct any illegal or immoral activity at the Accommodation (including the taking of illegal drugs);
9. to leave the Accommodation and any of the Host’s personal property at the Accommodation clean and tidy at the end of the stay and in the condition it was in when they arrived;
10. that they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom the Guest invites to, or otherwise provides access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable);
11. that they will not bring any animals into the Accommodation;
12. not to access cupboards, drawers or rooms which have been sealed or locked;
13. not to move furniture;
14. that the Host is entitled to visit the Accommodation on prior notice (except in case of emergency) and to permit the Host (or an agent of the Host) access:
Guests agree with the Host:
a. to leave the Accommodation no later than the check-out time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host;
b. that if they stay past the agreed check-out time without the Host's consent, they no longer have a license to stay in the Accommodation and the Host is entitled to make the Guest leave in a manner consistent with applicable law;
c. to pay to the Host on demand an overstay fee (as defined below) for the period from and including the check-out time until the Guest checks out of the Accommodation; and
d. that the Host may deduct such overstay fee from the Guest’s payment card and or damage deposit.
The “overstay fee” is calculated at a daily rate for each 24 hour period starting at the check-out time and is the total sum of the following:
a. an amount equivalent to two times the average nightly Accommodation charges for the booking; plus
b. any reasonable ancillary costs for example payment charges that are incurred by the Host in taking payment; plus
c. legal expenses incurred as a result of the Guest overstaying.
LATE FEES AND /RETURNED CHECK CHARGES: Applicable for Extended stays beyond 30 days. Prompt payment of accommodation charges on the first day of each month is a substantial obligation of guests under this agreement. In the event that the accommodation charged specified herein is not received by Host on or before the 5th day of the month in which it becomes due, Owner shall be entitled to and shall receive from you, an additional sum of $50 in order to compensate the Owner for the additional costs incurred in the processing and or collection of such late payment and/or in meeting Owner's obligations, exclusive of legal fees or other costs. In addition to the late charges assessed herein, Lessee shall pay $25.00 for each check that is returned by the bank for any reason. All late charges and returned check charges shall be considered an additional charge. Additionally, late fees shall also be considered liquidated damages for Owner's time, inconvenience, and overhead in collecting late accommodation charges. Host reserves the right to refuse payment of late payment, late charges, and returned- check charges, after Host serves lessee with a demand for accommodation charges and possession. This will be retroactive to the first of the month for each day the payment has not been received. Guests agree to pay interest of 10% per annum on any unpaid balance until such balance is paid in full. In the event a collection agency becomes necessary to collect any amount due, Guest agrees to pay said commission. See below.
Application of payments: Money paid by Guest to Host shall be applied to Guest's account in the following order: First, to outstanding late charges and returned-check charges; second to outstanding legal fees and/or costs legally chargeable to Guest; third, to any outstanding accommodation charges.
Provider/Host and Guest agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York. Parties agree that any actions brought against each other or arising out of this agreement are the exclusive jurisdiction of the federal and state courts of New York County, New York. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
GENERAL DISCLAIMER – refunds; payment for a room will be refunded only under the following conditions: substantial unusability such as floods, fires and major infestation. Refunds not available for occurrences common to any major metropolitan townhouse/building structure, such as: external noise, small leaks, faint smells, sighting of a mouse or insect, faucet drips, regional or city-wide blackouts, water main breaks, phone, cable or internet outages, etc. which are out of our control. If such outages occur, we will do our best to have service restored but please know that outage repairs are not in our control and often take time to restore.
GOVERNMENT ACTIONS: Provider/Host shall not be held responsible for relocating Guest for any and all actions taken by federal, state or city agencies or authorities (e.g. Right of Eminent Domain, condemnation, zoning, building or fire department enforcement rulings or changes). Any prepaid monies paid by Guests will be refunded in full.
IN-OPERABILITY: Provider/Host shall not be held responsible for relocating Guest due to inability to operate for any and all hazards and damages (e.g. Fire, flood, smoke or other damages caused by natural disasters).
MAIL: We ask that guests DO NOT use our address to sign up for catalogues, memberships or any type of list where you will be sent mail on an ongoing basis after you leave. It is important that you submit a formal change of address form with the post office as soon as you have vacated the premises.
USPS Mail: Our mailing address is 130 East 62nd Street, NY, NY 10065. All mail should be addressed c/o Lia or Warren Raum.
Packages: Please keep in mind that the house is not manned 24/7. Host isn't responsible for missed packages. If the host is present in the building, host will accept guest packages. Packages will be left in the interior entry foyer area. If the Guest is concerned about missing packages, one option is to direct packages to be delivered directly to a UPS or FEDEX Store. For FEDEX, once guest has his tracking #, guest can request to have the package delivered to the Duane Reade Store on 61st Street and Lexington Avenue. Please inquire with FEDEX on how to have your packages sent directly to Duane Reade. There is also a UPS store on 2nd Avenue and 62nd Street. There is an Amazon Hub Locker at Chase Manhattan Branch on 60th between Lexington and Park Avenue -
770 Lexington Ave, at Chase Bank, New York NY 10065-8165 Mon - Fri: 08:00 - 18:00
Sat: 10:00 - 15:00
Missed Deliveries: If a guest has received a missed delivery notice, guests should follow the instructions included on the notice. Missed UPS Packages could be re-delivered next day, sent back to the sender or sent to the 2nd Avenue UPS store or other collection store in the area.
Mail: There are no mailboxes provided on premises. Mail carriers will deliver Guest mail to the house addressed to c/o Lia or Warren Raum.
No parties, events or gatherings may be held in the Suite
Quiet Hours 9 p.m. to 11 a.m.
No Candles or Open Flames of Any Kind.
Fireplaces are not useable
Garden Room Windows not Operable
ENTIRE AGREEMENT: This agreement represents the entire agreement and understanding between the Provider/Host and the Guest. Any modification, alteration or addition to this agreement shall be in writing and signed by both parties.